Terms of service

Last updated: Jul 15, 2019

By using the website at elliters.com (the “Site” or short name "elliters"), any elliters applications (“Apps”), any data obtained from the APIs (“Data”), or any other services provided by elliters (the Site, APIs, Apps, Data and all other elliters services, collectively, the “Services”), you agree to these Terms of Service.

If you are under 13 years of age, you may not use the Services. elliters may modify these Terms of Service at any time, and you agree to be bound by such modifications if you continue to use the Services. We will notify you by making the revised version available on this page, and an updated revision date will indicate that changes have been made. If you have entered into a negotiated agreement that has been signed by elliters that governs your use of the Services that by its terms supersedes these Terms of Service, your use of the Services included in that agreement is governed by such agreement.


ACCOUNTS AND PASSWORDS

To use some of the Services, you may be required to create an account. Any information submitted as part of the registration process must be accurate and complete. You are solely responsible for activity that occurs in your account. You should keep your password confidential and notify us immediately if you found any unauthorised use of your account. We reserve the right to close your account at any time for any or no reason, with or without notice, and in such case, you may not reopen an account without our express written permission.


TERMINATION; BREACH

We may terminate your ability to use the Services at any time for any reason or no reason, with or without notice. Additionally, your rights to use the Services will terminate immediately if you breach any of the Terms of Service. Upon termination for any reason or at elliters's earlier request, you will immediately delete any Data, Apps, or other materials you have obtained by using the Services.


THE SITES

All of the information and data available on Site (“Site Data”) is provided solely to enable you to learn and provide Services to you. You are not licensed to store, copy, or use any Site Data for any other purpose. Without limiting the foregoing, any storage, copying, or use of Site Data in or in connection with any product or service is a material breach of these Terms of Service.


PROHIBITIONS

You may not do any of the following:

  • sell, resell, redistribute, or sub-license the Services or otherwise charge third parties for access to the Services;
  • upload any User Content (defined below) that:
    • is illegal, defamatory, libellous, deceptive, fraudulent, obscene, or offensive;
    • is not, relevant, accurate, or representative of your knowledge of a place;
    • contains software viruses or other code designed to disrupt our systems or the systems of any third parties; or
    • violates any third-party rights or agreement.
  • take any action that interferes or may interfere with any Service, including but not limited to:
    • deleting any copyright or proprietary notices;
    • creating user accounts by automated means;
    • impersonating any person or entity; or
    • using the Services for any illegal purpose.


SERVICE MODIFICATIONS AND AVAILABILITY, FEES

elliters reserves the right to modify or discontinue any or all of the Services at any time, for any or no reason, with or without notice. We may also schedule system downtime and unplanned system outages may occur.

elliters reserves the right to charge fees for any or all of the Services. In such case, the fees will be disclosed to you before the fees take effect. If you do not agree to such charges, simply discontinue your use of the Services. If you continue using the relevant Services after the fees take effect, you have agreed to the fees.


PROPRIETARY RIGHTS AND TRADEMARK

All third-party trademarks, service marks, logos, and trade names are the property of their respective owners and their use within the Services is not meant to convey any relationship with or endorsement by such third parties, all these are used for comparative advertising or review. Except as expressly authorised by elliters, you may not use or display any mark, name, trade name, or logo appearing within the Services without the owner’s prior consent or other legal authorisation.


USER CONTENT

If you contribute data or other content (“User Content”) to elliters, you hereby grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, transferable right to use your User Content for any purpose, including displaying your User Content on the Site and elsewhere and creating derivative works. We have no obligation to monitor or delete User Content, but we reserve the right to delete or modify User Content at any time, for any or no reason. You represent and warrant that you have all necessary rights and authority to provide the license described above.

In addition, you represent and warrant that your User Content does not contain material or links to material that infringes upon any third party rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy.


DISCLAIMERS, NO WARRANTIES

The Services are provided as-is and as available. elliters and its subsidiaries, affiliates, officers, directors, employees, contractors, agents, representatives, business partners, vendors, clients, licensors, and advisors (“elliters Entities”) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchant-ability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Among other things, the elliters Entities make no warranty that: (a) the Services will meet your requirements; (b) the Services will be available on an uninterrupted, timely, or error-free basis; or (c) the information that may be obtained from the Services will be accurate or reliable. The elliters Entities are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorised access to, or alteration of, any communication with other users. The elliters Entities shall have no liability whatsoever for the unavailability of the Services or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, or nondelivery of information caused by such system outages. Under no circumstances shall the elliters Entities be responsible for any loss or damage, including property damage, resulting from use of the Services or anything downloaded or received from the Services.


LIMITATIONS OF LIABILITY

In no event shall the elliters Entities be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or related to the Services or your use of the Services, even if the elliters Entities have been advised of the possibility of such damages. This limitation of liability inures to the benefit of any successor to the elliters Entities and, in each case, liability is limited to the fullest extent permitted by law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.


GOVERNING LAW AND JURISDICTION, ARBITRATION

These Terms of Service are governed by the laws of the India. You are responsible for complying with all applicable local laws, both within and outside the India, including laws that would require you not to use the Services. Any action arising under or related to these Terms of Service will be resolved by arbitration (and the parties hereby consent to personal jurisdiction) in Gwalior, India. The prevailing party is entitled to reasonable attorneys’ fees and costs. The arbitration will be kept confidential except as required by law.


ENTIRE AGREEMENT

The Terms of Service (including all relevant Additional Terms) are the entire agreement between you and elliters relating to the subject matter herein and cannot be modified except in a writing signed by both parties, or by a change made by elliters as set forth above.